Clause36
Education and Inspections Bill
10:30 am

Photo of Christopher Chope

Christopher Chope (Christchurch, Conservative)

With this it will be convenient to discuss thefollowing: Amendment No. 209, in clause 36, page 26, line 7, at endinsert ‘or anacademy'.

Amendment No.230, in clause 36, page 26, line 7, at endinsert

‘, academy, city technologycollege or city college for the technology of thearts.'.

AmendmentNo. 210, in clause 36, page 26, line 8, leave out from ‘ability'to end of line 11 and insert

‘oraptitude unless selection is for the purpose of section 101 (permittedselection: pupil banding) of SSFA1998.'.

AmendmentNo. 367, in clause 36, page 26, line 11, at endinsert

‘,or

(c) the school is acomprehensive with a grammarstream.'.

AmendmentNo. 442, in clause 36, page 26, line 11, at endinsert—

‘(1A) The admissionauthority for each secondary school, in exercising their functions,shall—

(a) have regardto the general principle that secondary education is to be provided incomprehensive schools, and

(b)determine that arrangements for the admission of pupils for compulsoryeducation is not based on any test of ability oraptitude,

except where theadmission arrangements have been determined under section 101 of SSFA(pupil banding) or regulations made under section [Retention ofselection by ability or aptitude after parentballot].'.

AmendmentNo. 368, in clause 36, page 26, line 13, leave out ‘orany'.

Amendment No. 45,in clause 36, page 26, line 28, at endinsert

‘and

(c)in subsection (4), after paragraph (b)insert—

“(c) anyselection of 10 per cent of pupils by aptitude in a subject that is acompulsory target-setting subject for the purposes of the specialistschoolsprogramme.”.'.

Clausestand part.

New clause 8—Freedom ofselection—

‘(1) Amaintained school shall have complete freedom to select pupils byacademic or other ability at its absolutediscretion.

(2) Sections 99 to103 of SSFA 1998 shall cease to have effect.'.

New clause51—Retention of selection by ability or aptitude after parentballot—

‘(1) TheSecretary of State must, after consultation, by regulations,make—

(a) suchsupplementary, incidental or consequential provision,or

(b) such transitional,transitory or savingprovision,

as he considersnecessary or expedient for the purposes of, in consequence of, or forgiving full effect to subsection(2).

(2) Regulations undersubsection (1) must, in particular, make provisionto—

(a) amend or repealPart 3, Chapter 2 (selection of pupils) of SSFA 1998 to provide for thelegislation to be consistent with the general principle that there mustbe a ballot of parents of pupils attending local primary schools if anysecondary school is to continue to select pupils by ability or aptitudeafter the school year starting on or after 1st August 2011,and

(b) amend or revoke anysubordinate legislation (within the meaning of the Interpretation Act1978) made before the passing of this Act necessary to achieve theprinciple set out above.

(3)Nothing in this Act is to be regarded as limiting the generality ofsubsection (1).'.

Amendment No. 443, in clause158, page 108, line 12, at endinsert—

‘(aa) regulationsunder section [Retention of selection by ability or aptitude afterparentballot],'.

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